HomeMy WebLinkAboutORD FOR INTRODUCTION 12-... (3) ORDINANCES FOR INTRODUCTION
NO. 3
DATE: 11/22/85
FROH:
SUBJECT:
Honorable Mayor and Members of City Council
James G. Rourke, City Attorney
Suzanne Atkins, Deputy City Attorney
Ordinance No. 949--Regulation of Smoking in Public
Places and Places of Employment
On November 18, 1985, at its regular meeting, the City
Council held a public hearing in connection with proposed
Ordinance No. 949 regulating smoking in public places and places
of employment. Following the public testimony portion of the
hearing, the Council requested that the City Attorney's office
revise the proposed Ordinance.:
1. To delete retail stores and retail service
establishments from the requirements of designating smoking and
nonsmoking areas;
2. To require retail stores and retail service
establishments to promulgate smoking/nonsmoking policies and post
notice of such a policy;
3. To insure that restaurants are covered by the
requirements of the proposed Ordinance; and
4. To provide that violations of this Ordinance are an
infraction rather than a misdemeanor.
These revisions have been made and incorporated in the
proposed Ordinance, which in summary, provides as follows:
1. Smoking is generally prohibited in public places and
places of employment, except in designated smoking areas. A
"public place" is any enclosed area to which the public is
invited or in which the public is permitted, including food
production and marketing establishments, restaurants, theatres,
waiting rooms, receptions areas, educational facilities, health
facilities, elevators and public transportation facilities. A
private residence is not a "public place" or a "place of
employment". Also specifically excluded from the definition of
"public place" are hotel and motel meeting and assembly rooms
rented to guests, areas and rooms while in use for private social
functions, private hospital rooms, psychiatric facilities, jails,
~ars, retail stores and retail service establishments, and
restaurants with a seating capacity of less than 20 persons. The
owner, operator or manager of a retail store or retail service
establishment, is specifically required to promulgate a policy
regarding smoking and nonsmoking in the store or establishment,.
and to post notice of the policy in a conspicuous location
visable to all persons that enter the store or establishment.
2. Where smoking areas are designated, existing physical
barriers and ventilation systems shall be used to minimize the
toxic effect of smoke in adjacent nonsmoking areas. Employers
shall provide smoke-free areas for nonsmokers to the maximum
extent possible within existing facilities, but not are required
to incur any expense to make structural or other physical
modifications in providing these areas. An employer who can
prove a good faith effort to develop and promulgate a policy
regarding smoking and nonsmoking in the workplace, shall be
deemed to be in compliance with the proposed Ordinance.
3. Restaurants with a seating capacity greater than twenty
(20) persons are covered by all of the provisions of the proposed
Ordinance, and must designate an adequate amount of seating
capacity to sufficiently meet the demands of nonsmokers and shall
inform all patrons that a nonsmoking section is provided.
Restaurants with a seating capacity of less than twenty (20)
persons may designate a non-smoking section, or may allow or
prohibit smoking throughout the restaurant.
4. Signs which designate smoking or nonsmoking areas shall
be clearly, sufficiently and conspicuously posted, in every room,
building or other place covered by the Ordinance. "No Smoking"
signs in retail food production and marketing establishments,
including grocery stores and supermarkets, shall be placed so
that they are visible to persons entering the stores, persons in
check-out lines, and persons at meat and produce counters. The
size, design and location of no smoking signs, shall be
determined by the owner, operator, manager or other person having
control of the establishment.
EXEMP~ ION/MOl) I F I CAT ION
5. The owners or managers of establishments open to the
public or work places may apply to the City Council for an
exemption or modification of the provisions of the Ordinance due
to unique or unusual circumstances or conditions.
6. The Director of Community Development is responsible for
compliance with the Ordinance, when City facilities are involved.
The Director of Community Development will provide all business
license applicants with copies of the Ordinance, although it is
the responsibility of employers to disseminate information
regarding the Ordinance to employees. Owners, operators or
managers of any business or agency that is covered by the
Ordinance may refuse service to any person who smokes in a posted
"No Smoking" area.
7. Any person who violates the Ordinance, shall be guilty
of an infraction and upon conviction, shall pay a fine of $50.00
for the first violation, and $100.00 for every violation
thereafter.
If you should have any questions or concerns, please do not
hesitate to contact this office.
JGR:SA:pj :D: 11/22/85 (97)
cc: WH
DL
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ORDINANCE NO. 949
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN AMENDING ARTICLE 4, CHAPTER 1 OF
THE TUSTIN MUNICIPAL CODE BY ADDING PART 2,
SECTIONS 4120, 4121, 4122, 4123, 4124, 4125,
4126, 4127, 4128, AND 4129, RELATING TO THE
R~GULATION OF SMOKING IN PUBLIC PLACES AND
PLACES OF EMPLOYMENT
The City Council of the City of Tustin, California, does
hereby ordain as follows:
Section 1. That Article 4, Chapter 1 of the Tustin
Municipal Code be, and hereby is, amended by adding Part 2,
Sections 4120, 4121, 4122, 4123, 4124, 4125, 4126, 4127, 4128, and
4129 to read as follows:
"Section 4120. PURPOSE. Because smoking of tobacco,
or any other weed or plant, is a positive danger to
health and a cause of material annoyance, inconvenience,
discomfort and a health hazard to those who are present
in confined places, and in order to serve public health,
safety and welfare, the declared purpose of this article
is to prohibit the smoking of tobacco, or any other weed
or plant, in certain public places and places of
employment, except in designated smoking areas.
Section 4121. DEFINITIONS. (a) 'Smoke' or 'smoking'
as defined in this chapter shall mean and include the
carrying of a lighted pipe, or lighted cigar or cigarette
of any kind.
(b) 'Public place' shall mean any enclosed area to
which the public is invited or in which the public is
permitted, other than the ones enumerated in Section
4126, including but not limited to, retail food
production and marketing establishments, elevators,
restaurants, theaters, waiting rooms, reception areas,
educational facilities, health facilities and public
transportation facilities. A private residence is not a
'public place'.
(c) 'Place of employment' shall mean any enclosed
area under the control of a public or private employer
which employees normally frequent during the course of
employment, including but not limited to work areas,
employee lounges, conference rooms, and employee
cafeterias. A private residence is not a 'place of
employment ' .
Section 4122. PROHIBITIONS. No person shall
smoke in a public place, or place of employment, except
in designated smoking areas.
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Section 4123. DESIGNATION OF SMOKING AREAS. (a)
Smoking areas may be designated in public places and
places of employment by proprietors or other persons in
charge except where smoking is prohibited by law,
ordinance or regulation. Where smoking areas are
designated, existing physical barriers and ventilation
systems shall be used to minimize the toxic effect of
smoke in adjacent nonsmoking areas. It shall be the
responsibility of employers to provide smoke-free areas
for nonsmokers to the maximum extent possible within
existing facilities. Employers are not required to incur
any expense to make structural or other physical
modifications in providing these areas. An employer who
can prove a good faith effort to develop and promulgate a
policy regarding smoking and nonsmoking in the work place
shall be deemed to be in compliance with this section,
provided that a policy which designates an entire work
place as a smoking area shall not be deemed a good faith
effort. Restaurants covered by the provisions of this
article shall designate an adequate amount of seating
capacity to sufficiently meet the demands and shall
inform all patrons that a no smoking section is provided.
Section 4124. OPTIONAL PROHIBITION. All managers and
owners of any establishments serving or doing business
with the public may at their discretion post 'No Smoking'
signs within various areas of their businesses and
utilize the full right of the provisions of this chapter.
No public place other than the ones enumerated in Section
4126 shall be designated as a smoking area in its
entirety.
Section 4125. POSTING OF SIGNS. Signs which designate
smoking or no smoking areas established by this chapter
shall be clearly, sufficiently and conspicuously posted
in every room, building or other place so covered by this
chapter. No smoking signs shall be specifically placed
in retail food production and marketing establishments,
including grocery stores and supermarkets open to the
public, so they are clearly visible to persons upon
entering the store, clearly visible to persons in
checkout lines, and clearly visible to persons at meat
and produce counters. The manner of such posting,
including the wording, size, color, design and place of
posting whether on the walls, doors, tables, counters,
stands or elsewhere shall be at the discretion of the
owner, operator, manager, or other person having control
of such room, building or other place so long. as clarity,
sufficiency and conspicuousness are apparent in
communicating the intent of this chapter.
Section 4126. EXCEPTIONS. (a) No-smoking areas are
not required in individual private offices, hotel and
motel meeting and assembly rooms rented to guests, areas
and rooms while in use for private social functions,
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private hospital rooms, psychiatric facilities, jails,
bars, retail stores, retail service establishments,
and restaurants with a seating capacity of less than 20
persons.
(b) The owner, operator or manager of any retail
store or retail service establishment shall develop and
promulgate a policy regarding smoking and nonsmoking in
the retail store or retail service establishment, and the
policy shall be clearly, sufficiently and conspicuously
posted in a location visible to all persons entering the
retail store or retail service establishment.
(c) Restaurants or eating establishments with a
seating capacity of less than 20 persons shall have the
option of designating a no-smoking section or allowing or
prohibiting smoking throughout the establishment.
(d) Any owner or manager of a business or other
establishment subject to this article may apply to the
City Council for an exemption or modification of the
provisions of this article due to unique or unusual
circumstances or conditions.
Section 4127. ENFORCEMENT AND APPEAL. (a) The
Director of Community Services shall be responsible for
compliance with this chapte~ when facilities which are
owned, operated or leased by the City of Tustin are
involved. The Director of Community Development shall
provide business license applications with copies of this
a r ti cl e.
(b) The owner, operator or manager of any facility,
business or agency within the purview of this chapter
shall comply herewith. Such owner, operator or manager
shall post or cause to be posted all 'No Smoking' signs
or notices of policy regarding smoking and nonsmoking in
retail stores or retail service establishments required
by this chapter. Such owner, operator or manager may
refuse service to any person who violates this chapter by
smoking in a posted 'No Smoking' area.
(c) It shall be the responsibility of employers to
disseminate information concerning the provisions of this
article to employees.
(d) The provisions of this article pertaining to
places of employment shall not apply until January 1,
1986.
Section 4128. PENALTIES. Any person who violates a
provision of this chapter by smoking in a public place or
place of employment, other than in a designated area,
shall be guilty of an infraction and, upon conviction,
shall pay a fine of fifty dollars ($50) for a
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first violation and a fine of one hundred dollars
($100) for each additional violation of this ordinance
within one year."
Section 2. This ordinance shall take effect and be in force
on the thirtieth day from and after its passage.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tustin held on the __ day of , 1985.
Atte st:
Frank H. Greinke, Mayor
Mary Wynn, City Clerk
JGR:SA:pj: 11/22/85 (16)
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